Previous Year Question
Consider the following statements:
The Election Commission of India is a five-member body.
The Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
The Election Commission resolves the disputes relating to splits/mergers of recognised political parties.
Which of the statements given above is/are correct?
1 and 2
Only 2
2 and 3
3 only
Correct Answer: D
Detailed Solution
Statement 1 is incorrect. Article 324 provides for the composition of the Election Commission. It consists of the Chief Election Commissioner and such number of other Election Commissioners as the President may determine from time to time. The Constitution therefore does not prescribe the Election Commission as a five-member body.
When the question was asked, the Election Commission was a three-member body consisting of the Chief Election Commissioner and two Election Commissioners. Even the number three is not permanently fixed in the Constitution; the number of other Election Commissioners may be determined subject to the applicable constitutional and legal framework.
Statement 2 is incorrect. The Union Ministry of Home Affairs does not determine the election schedule for Lok Sabha, State Legislative Assembly and bye-elections. Article 324 vests the superintendence, direction and control of these elections in the Election Commission of India. The Commission announces election dates and the various stages of the electoral programme.
The Election Commission of India conducts elections to Parliament, State Legislatures and the offices of the President and Vice-President. Elections to Panchayats and Municipalities are conducted by the respective State Election Commissions, not by the Election Commission of India.
Statement 3 is correct. Under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968, the Election Commission decides disputes between rival groups or sections of a recognised political party.
The Commission may determine which group represents the original recognised political party and is entitled to its reserved election symbol. While making this determination, it may examine the available facts and circumstances, including support in the organisational and legislative wings. Its decision is binding on the rival groups concerned.
This jurisdiction principally concerns disputes over recognition and reserved election symbols. Other legal consequences of a party split or merger, such as disqualification under the Tenth Schedule, may fall under a separate constitutional process.